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CSPAN
Sep 22, 2012 1:20pm EDT
regulate commerce. i actually think the distinction probably maps on more closely to the direct-indirect tax framework that the commerce power. if there is one person who has embraced this distinction in the commerce clause opinion, it was the chief justice. to embrace that distinction but then to turn around and basically say as he did that a tax on not havingt insurance is no different from a tax on gasoline i think makes a very important jump. you've just said all those other cases were distinguishable because congress was regulating action. i know a lot of taxes on gas and all sorts of things. i am not that familiar with being taxed for not doing something. it is still a weakness in the taxing analysis that emerges as the majority opinion. >> we are going to take one last question from manny. go ahead, manny. >> thank you. plf recently filed a motion which is still pending about the impropriety of using the tax code because the bill in this case did not really originated in the house so it violates the origination clause. >> i have not studied that issue so i really do not w
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